B-1 Visa

Switching from STEM OPT to B-1

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Can I switch from STEM OPT to a B-1 visa to stop my unemployment clock?

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This is discouraged as it permanently terminates STEM OPT status. The government may question your intent. Consider alternative compensation or cap-exempt H-1B roles instead.

Maintaining Status with an Approved I-140 after a Layoff

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What are the options to maintain status after a job loss when an individual is on their first H-1B but has an approved PERM and I-140 from a future employer?

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 Once an I-140 is approved and held for 180 days, the priority date is locked, and the applicant can extend an H-1B infinitely with any employer. To bridge a gap between roles, filing for a B-1 visa with an explicit intent of job hunting is a suggested strategy, rather than switching to an F-1 unless it represents a logical career progression.

Withdrawing a Pending B-2 when an H-1B is Approved

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How should one handle withdrawing a pending B-2 visitor visa application once an employer successfully files an H-1B petition?

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A standard practice is to include a notarized letter inside the new H-1B petition package. The letter should explicitly state that if the H-1B is approved with status, the pending B-2 should be withdrawn; otherwise, B-2 processing should continue. 

Re-entering on B-1/B-2 to Change Status to F-1 after a Prior Rejection

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Can I enter the US on a tourist visa (B-1/B-2) and then change my status to F-1?

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This is strongly discouraged. Entering the US on a visitor visa with the preconceived intent to convert to student status is considered misrepresentation and may result in a permanent bar from the United States.

90-Day Rule for Changing Status from B-1/B-2 to H-4

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Does the "90-day rule" allow me to change from B-1/B-2 to H-4 status inside the US?

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No. The "90-day rule" is a misconception; USCIS always evaluates the intent behind your entry. Entering with the intention to change status can be viewed as misrepresentation. It is generally safer to process your visa stamp outside the US.

Switching from B-2 to H-4 Status

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An applicant's spouse entered the US on a B-2 (visitor) visa while the applicant was on F-1 STEM OPT. The applicant was recently selected for the H-1B lottery and wants to know if the spouse should apply for a change of status to H-4 in the US or get a visa stamping abroad. 

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Getting an H-4 visa stamping abroad is much cleaner. Applying for a change of status carries the risk that the government might claim she had "preconceived intent" to stay long-term while entering on a tourist visa.